Patna High Court
Vikash SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted bail to the petitioners, subject to a bond and conditions under the B.N.S.S., 2023.
Summary
The petitioners, Vikash Sahani and Sujeet Sahani, sought bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging they were involved in the recovery of 280 litres of country‑made liquor from a chawar they were to keep for sale. The prosecution identified them based on local testimony, but the petitioners claimed innocence, asserting no possession of the liquor and attributing the accusation to personal enmity with a local chowkidar. The State opposed bail, noting the recovery was made from a remote location and not from the petitioners’ possession. The court, considering the lack of direct possession and the petitioners’ clean antecedents, granted bail subject to a bond of Rs 30,000 each and conditions under the Bihar Narcotic Substances Suppression Act, 2023. The bail order was conditioned on surrender within four weeks and compliance with Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether bail should be granted to the accused under the Bihar Narcotic Substances Suppression Act, 2023 in light of the alleged recovery of illicit liquor.
- Whether the alleged recovery of liquor from a location not in the accused’s possession justifies continued detention.
- Whether the personal enmity claim and clean antecedent of the accused affect the bail decision.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- Section 30(a)
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36224 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Vikash Sahani S/o Mohan Sahani R/o Village- Sarotar, P.S- Dumariya Ghat,
District -East Champaran
2. Sujeet Sahani @ Sujeet Kumar S/o Shambhu Sahani R/o Village- Sarotar,
P.S- Dumariya Ghat, District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv.
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners are apprehending arrest in
connection with Dumariyaghat P.S. Case No. 100 of 2026
lodged on 31.03.2026, for the offence punishable under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
4. As per the prosecution, FIR has been lodged against
two named accused persons (the present petitioners). Total
Patna High Court CR. MISC. No.36224 of 2026(2) dt.02-06-2026
2/3
recovery of 280 litres of country made liquor has been made
from the chawar which was subject to be kept by the petitioners
for sale and the petitioners were identified by the local public
and local chowkidar and they managed to escape.
5. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence and
nothing has been recovered from their conscious possession.
Counsel submits that the petitioners’ name has come in this case
due to the reason that they have inimical terms with the local
chowkidar. He further submits that the petitioners have clean
antecedent and they are ready to fulfill all the conditions
whatsoever shall be imposed upon them.
6. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the alleged
recovery has been made from a lonely place and not from the
petitioners’ possession.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on bail, in
the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
Patna High Court CR. MISC. No.36224 of 2026(2) dt.02-06-2026
3/3
Exclusive Special Excise Court no.3, East Champaran at
Motihari, in connection with Dumariyaghat P.S. Case No. 100
of 2026, subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.